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Refusals And Appeals

In order to study in Canada, the majority of foreign nationals require a study permit. The issuance of study permits is approved at the discretion of Canadian immigration officers. Unfortunately, it is common for a study permit to be refused to a foreign national for a variety of reasons. In the event that a study permit is refused, a visa officer will issue the refusal in a letter outlining the grounds for refusal.

If a foreign national is refused a study permit by Immigration, Refugees and Citizenship Canada (IRCC), there are two courses of action for addressing the refusal:

1.Appeal the decision:

If the applicant believes that their application met all requirements as mandated by IRCC, but the study permit was refused unfairly or incorrectly, the foreign national can appeal the decision and request a reconsideration.

2.Submit a new application:

If the applicant believes that the grounds for refusal are valid, then their only course of action is to submit a new application. In the new application they should pay careful attention to address the previous grounds for refusal. As well, if any documents need to be updated (start date on acceptance letter, updated bank statements, etc.) the applicant should be sure to obtain these updates.

What to do if Your Application is Refused

When a study permit application is refused, this refusal will be noted in a letter issued by the visa officer to the unsuccessful applicant. Within this letter, the visa officer will indicate the reason(s) for refusal from a list of pre-determined possibilities. This listing of refusal reasons gives only basic information regarding the grounds for the refusal.

However, when an application is refused, the applicant has the right to request the visa officer’s notes supporting the reason for refusal. It is strongly recommended that these notes are requested as this will inform the applicant as to how best to address the refusal. Once an applicant has obtained the case notes from the visa officer, they can assess whether or not the grounds for the refusal were valid. If the study permit was refused for valid reasons, for example, if the applicant failed to include any of the required documents, then the best option is to submit a new application after ensuring that the errors are addressed.

If the study permit was refused for reasons the applicant believes were invalid then an appeal requesting reconsideration may be submitted. Both the appeal process and the resubmission process may take considerable amounts of time. The applicant should therefore be prepared to contact their school to request amendments to their intended start date in the event that they will not be able to obtain a study permit in time to begin the program on the date originally planned.